The purpose of this chapter is to reasonably regulate, to the extent permitted by Utah and federal law, the location, installation, operation, collocation, modification and design of low power, wireless communications facilities, sites, and transmission equipment in the City. It is the intent of this chapter that all efforts be made to mitigate the possible visual and audible effects of wireless communications facilities, sites, support structures, and transmission equipment in the City. This chapter does not intend to and shall not be interpreted or applied to conflict with any applicable Utah or federal law.

This chapter does not regulate small wireless facilities. Small wireless facilities are regulated in Title 5 of this Code.

For purposes of this chapter, the following terms, phrases, words, and their derivatives shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. Words defined in 47 C.F.R. § 1.6100, as amended, and Chapter 17.08 of this Code are incorporated herein by reference. Words used in the present tense include the future tense, words in the single number include the plural number, and words in the plural number include the singular. The words "shall" and "will" are mandatory, and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

ANTENNA: A transmission equipment apparatus designed for the purpose of emitting or receiving radiofrequency (RF) radiation, to be operated or operating from a fixed location. Examples include but are not limited to panel antennas, directional antennas, and whip (omni-directional) antennas.

CAMOUFLAGE: Installation methods that minimize the visual impact of transmission equipment by disguising, screening or blending into the surrounding environment and supporting structure in form, color, and overall cohesiveness.

CONSUMER TRANSMISSION EQUIPMENT: Consumer owned and operated transmission equipment.

COMMERCIAL TRANSMISSION EQUIPMENT: Commercial or business use transmission equipment.

EFR: Eligible facilities request.

FCC: The Federal Communications Commission, or any successor thereto.

FREESTANDING STRUCTURE: Any freestanding pole, tower, or stealth structure that is located outside of the right-of-way, that is fifty feet (50') or less in height, and that is used for the purpose of facilitating commercial antennas or any other commercial transmission equipment.

GROUND EQUIPMENT: Any commercial transmission equipment that is not mounted on or in a freestanding structure, monopole, roof, or wall in accordance with the requirements of this chapter.

MONOPOLE: Any freestanding pole, tower, or stealth structure that is taller than fifty feet (50') in height and is used for the purpose of facilitating commercial antennas or any other commercial transmission equipment.

ROOF AND WALL MOUNTED COMMERCIAL TRANSMISSION EQUIPMENT: Commercial transmission equipment including antennas and dishes mounted to roofs or walls of commercial, office, industrial, or residential buildings exceeding thirty-five feet (35') in height.

SATELLITE DISH OR DISH: A transmission equipment apparatus designed for receiving, among other signals, television transmission signals, and which has a disk-shaped receiving device. Includes but is not limited to what are commonly referred to as satellite earth stations, satellite microwave antennas, TVROs or dish antennas.

SECTION 6409(A): Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended.

STEALTH DESIGN: Installation methods that disguise transmission equipment and support structures as another object, designed to architecturally and aesthetically function in harmony with the surrounding environment including in size and height. Examples of stealth design include, but are not limited to, facilities disguised as trees (monopines), utility and light poles, street furniture, internal mounted antennas, light poles, flagpoles, windmills, water towers, ball field lights, bell towers, clock towers, etc.

WIRELESS COMMUNICATION FACILITY OR FACILITY: All transmission equipment at a fixed location used for the provision of any FCC authorized wireless communication service, which is not part of a small wireless facility.

This section shall apply to all consumer transmission equipment including antennas and dishes. Consumer antennas which do not exceed a total overall height of thirty five feet (35') or satellite dishes not exceeding three feet (3') in diameter are permitted in all zones as provided below. Other consumer transmission equipment which does not meet the requirements of this section may be allowed with a building permit, provided that the consumer transmission equipment also complies with the following:

1. No nuisance or hazard may be created.
2. No more than one (1) antenna and dish per dwelling unit or main building may be installed.
3. Antennas, dishes, and other transmission equipment shall be enclosed in a building or other structure such as a steeple or other architectural structure or be placed on the building or property in the least conspicuous location possible as viewed from a public street.
4. Antennas, dishes, and other transmission equipment shall not create visual clutter.

This section shall apply to all commercial transmission equipment, including but not limited to, antennas, dishes, and ground equipment. This includes commercial transmission equipment associated with freestanding structures, roof or wall mounts, or monopoles. TV and radio broadcasting towers are not permitted in the City and this chapter does not govern such facilities.

1. Commercial transmission equipment may be located in a residential or agricultural zone with a building permit and site plan approval, provided that the commercial transmission equipment also complies with the following:
   1. Commercial transmission equipment may only be installed on public property or in conjunction with a public or quasi-public use such as a public school, fire station, or government building, except as specified in the following:
      1. Commercial transmission equipment shall not be located in any public park.
      2. Roof and wall mounted commercial transmission equipment may also be mounted on multi-family residential buildings, provided that it complies with all other requirements of this chapter.
      3. Commercial ground equipment excluding antennas, satellite dishes, or monopoles of any type may be located on private property within residential and agricultural zones with Planning Commission approval only after all efforts have been exhausted to first attempt to locate their ground equipment on public property.
2. Commercial transmission equipment may be located in a nonresidential and nonagricultural zone with a building permit and site plan approval, provided that the commercial transmission equipment also complies with the following:
   1. Commercial transmission equipment may only be installed on property that has been developed for commercial, office or industrial use or in conjunction with a public or quasi-public use such as a public school, fire station, or government building, except as specified in the following:
      1. Commercial transmission equipment shall not be located in any public park.
      2. Roof and wall mounted commercial transmission equipment may also be mounted on multi-family residential buildings, provided that it complies with all other requirements of this chapter.
3. An amendment to the approved site plan shall be required for addition of commercial transmission equipment to an existing wireless communication facility or expansion of the site area, transmission equipment, support structures, or enclosures. Replacing transmission equipment including antennas and ground equipment on an existing site is permitted if the proposed changes and the entire site area meet the requirements of this chapter and the original site plan approval.
4. With the exception of roof and wall mounted commercial transmission equipment on multi-family residential buildings, the following shall apply to all commercial transmission equipment located within one hundred feet (100') of a residential property line:
   1. Commercial ground equipment shall be either placed within a below-grade vault or mounted inside a completely enclosed decorative masonry building.
   2. All commercial transmission equipment that is not ground equipment shall be made stealth within a steeple, flagpole, or other stealth structure.
   3. In no case shall commercial transmission equipment or buildings used for sheltering commercial transmission equipment be located any closer than thirty feet (30') from a residential dwelling.
   4. All buildings used for sheltering transmission equipment shall meet the City’s requirements for accessory buildings. Ground equipment buildings shall not exceed five hundred (500) square feet in area nor sixteen feet (16') in height and shall be secured with a lock.
5. All ground equipment not placed within a below-grade vault or mounted inside a completely enclosed decorative masonry building shall be enclosed and screened from view within an eight foot (8') tall, solid, precast, decorative masonry wall, except for a maximum ten foot (10') portion of the perimeter that shall be gated with a sight-obscuring, solid gate. Chain link fencing of any kind is not permitted.
6. All transmission equipment, support structures, hardware, enclosures, site area, and site landscaping shall be maintained in good condition.
7. Upon application for a wireless communications facility, the applicant for a facility must supply the City with a letter stating that if the facility is vacated for any reason, the owner or applicant will remove the facility, all apparatuses associated with it, and restore the site to its original condition within one hundred eighty (180) days of vacation of the facility. Any wireless communication facility or site area that is abandoned or not properly maintained shall be required to be removed at the expense of the site owner or applicant within one hundred eighty (180) days after receiving notice of non-maintenance.
8. All proposed changes to an existing wireless communication facility, site, or support structure, that are subject to the regulations of § 6409(a), shall comply with section 17.112.080 of this chapter.

The following standards shall govern the design, installation and use of commercial antennas and other related transmission equipment on freestanding structures in order to allow further opportunities for wireless communication providers and at the same time maintain compatibility and enhance the aesthetic design of adjacent land uses:

1. All freestanding structures shall have a stealth design. All antennas and other transmission equipment mounted on the freestanding structure shall be enclosed within the structure and shall also be incorporated as part of the stealth design.
2. Freestanding structures and related ground equipment enclosures shall be reviewed by the City's Architecture Review Committee prior to Planning Commission approval.

The following standards shall govern the installation and use of roof and wall mounted commercial transmission equipment including antennas and dishes mounted to roofs or walls of commercial, office, industrial, or residential buildings exceeding thirty five feet (35') in height:

1. Roof mounted commercial transmission equipment including antennas shall be set back a minimum distance of ten feet (10') from the roof edge and shall not exceed a maximum of ten feet (10') in total height as measured from the roof surface to which it is mounted, or the top of the lowest parapet wall on the same roof surface.
2. Commercial wall mounted antennas shall not extend more than eighteen inches (18") as measured from the back of the antenna, or similar equipment, to the nearest surface edge of the wall surface of the building to which they are mounted.
3. All wall or roof mounted commercial transmission equipment including antennas, dishes, cables, and related supports shall be hidden from view with architectural walls or roofs or be otherwise camouflaged so as to be incorporated as part of the building’s architecture with colored or painted materials that match the wall or roof to which they are attached.
4. If roof or wall mounted commercial transmission equipment cannot be enclosed or hidden, it shall be located at a point on the roof or wall which is least conspicuous as viewed from a public street. Transmission equipment may not be placed on a pitched roof.

The following standards shall govern the installation and use of monopoles with related transmission equipment including antennas and ground equipment:

1. Antennas and other transmission equipment that cannot be wall mounted, roof mounted, collocated, or enclosed within a freestanding structure, may be installed on a new freestanding monopole. Upon application for the installation of a new monopole, the applicant shall submit a statement of need to the City, explaining why the transmission equipment in question cannot be wall mounted, roof mounted, collocated, or enclosed within a freestanding structure.
2. Monopoles shall not exceed one hundred feet (100') in height as measured from the top of the monopole or antenna, whichever is higher, to the finished grade surrounding the monopole. Lattice or guyed structures are not permitted.
3. Monopoles and associated transmission equipment shall be located only in rear yard areas and in areas least intrusive on the public view and neighboring uses.
4. A minimum one (1) mile distance is required between monopoles.
5. Monopoles may not be located closer than one hundred feet (100') from any street right-of-way.
6. Monopole height and distance from a residential property line shall be governed by the following table:
   
   

   Monopole Height	Distance From Residential Property Line
   >50 feet	245 feet
   >60 feet	270 feet
   >70 feet	295 feet
   >80 feet	320 feet
   >90 feet	345 feet
   100 feet	370 feet

7. Monopoles and related pole-mounted transmission equipment including antennas shall have non-reflective galvanized or powder coated surfaces with unobtrusive colors.
8. External pole mounted antennas shall project no more than thirty-six inches (36") as measured from the back of the antenna, or similar equipment, to the nearest surface edge of the monopole.
9. No exposed cabling is permitted, and all cables should be routed internally or buried underground. Exterior cable trays designed to replicate an existing vertical element may be considered on a case by case basis by the Planning Commission. Standard cable trays painted and textured to match the existing facade do not meet the intent and do not qualify as hidden.

The purpose and intent of this section are:

1. To implement § 6409(a), which requires the city to approve an EFR for a modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station;
2. To implement the FCC rules set forth at 47 C.F.R. Part 1 (Part 1 - Practice and Procedure), new Subpart U § 1.6100 (Wireless Facility Modifications), which rules implement § 6409(a);
3. To establish procedural requirements and substantive criteria applicable to review and approval or denial of applications for an EFR;
4. To ensure that application submittal requirements are related to information reasonably necessary to the determination of whether or not the proposed modification will result in a substantial change in the physical dimensions of the eligible support structure;
5. To exempt EFR from zoning and development regulations that are inconsistent with or preempted by § 6409(a);
6. To preserve the City's right to continue to enforce and condition approvals under this chapter on compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety;
7. To promote timely decisions under this chapter; and
8. To ensure that decisions are made consistently and predictably.

1. Sole And Exclusive Procedure: Except as may be otherwise provided in this chapter, and not withstanding any other provisions in the City Code, the provisions of this chapter shall be the sole and exclusive procedure for review and approval of an EFR which the applicant asserts is subject to review under § 6409(a). To the extent that other provisions of the City Code establish a parallel process for review and approval of a project permit application for a proposed EFR, the provisions of this chapter shall control.
2. First Deployment; Base Station: This chapter shall not apply to a proposed facility modification to a structure, other than a tower, that does not, at the time of submittal of the application, already house or support transmission equipment lawfully installed within or upon, or attached to, the structure.
3. Interpretation: Interpretations of this chapter shall be guided by § 6409(a) and applicable FCC reports and orders.
4. Building Permit: The city will process, review, and, if practicable, issue a decision regarding a building permit for the facility modification concurrent with the EFR permit described herein.
5. Reservation Of Authority: Nothing herein is intended or shall operate to waive or limit the city's right to enforce, or condition approval on, compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety.

Submittal Requirements: An EFR application form is found on the city's online portal for applications. No EFR application shall be deemed complete unless the application is submitted through the city's online portal for applications, contains all the information required in the EFR application form, and the applicable fees are paid.

1. Review Of Application: The review and approval of an EFR application shall be by City Staff, which shall determine if the proposed EFR will result in a substantial change to the physical dimensions of an eligible support structure.
2. Timeframe For Review And Approval: The city shall comply with all applicable shot clocks when reviewing an EFR application. If an EFR application meets the requirements of this chapter, city staff shall approve the EFR application and issue an EFR permit.
3. Code Requirements: Any EFR permit issued pursuant to this chapter, and any application that has been deemed approved, shall be and is conditioned upon compliance with any generally applicable building, structural, electrical, and safety codes and other laws codifying objective standards reasonably related to health and safety. Violation of any such applicable code or standard shall be deemed to be a violation of the EFR or deemed approved application.